Regulation 65 Protection of information

(1)

A person who, by virtue of these Regulations or capacity market rules, has obtained information which relates to the affairs of any individual or to any particular business (“protected information”) must not except as provided in paragraphs (2) to (4)—

(a)

use that information for any purpose other than—

(i)

participating in the capacity market;

(ii)

exercising capacity market functions; or

(iii)

providing services to a person exercising capacity market functions; or

(b)

disclose that information.

(2)

Paragraph (1) does not prohibit a use or disclosure of protected information which is—

(a)

made with the consent of the person to whom the information relates; or

(b)

required by—

(i)

an enactment (including capacity market rules);

(ii)

auction guidelines;

(iii)

a licence condition (where the person using or disclosing the information is a licence holder);

(iv)

a condition of an industry code to which the person using or disclosing the information is a party; or

(v)

F1an assimilated obligation.

(3)

Paragraph (1) does not prohibit the use of protected information—

(a)

by the Secretary of State, the Authority or the Delivery Body, for the purpose of exercising any EMR functions;

(b)

by the Authority, for the purpose of exercising any other statutory functions; or

(c)

where the Delivery Body is the national system operator, by the national system operator for the purpose of exercising its functions, to the extent that the use of the information is permitted by the conditions of the national system operator's transmission licence.

(4)

Paragraph (1) does not prohibit the disclosure of protected information—

(a)

to a person exercising capacity market functions, to the extent that the disclosure is required to enable that person to carry out those functions;

(b)

by an administrative party to any public authority exercising any functions in relation to competition law, to the extent that the disclosure is required to enable that authority to carry out those functions in relation to the capacity market;

(c)

by an administrative party to a person providing services to it in connection with its performance of capacity market functions, to the extent that the disclosure is required to enable that person to provide those services;

(d)

which is already publicly available (other than by reason of a breach of this regulation); or

(e)

in accordance with an order of a court.

(5)

In this regulation—

“capacity market functions” means functions conferred by or by virtue of Chapter 3 of Part 2 of the Act;
“EMR functions” means functions conferred by or by virtue of Chapter 2, 3 or 4 of Part 2 of the Act;
F2...
“licence” means a licence under section 6 of EA 1989.

Annotations

Textual amendments

F1: Words in reg. 65(2)(b)(v) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 13 para. 7
F2: Words in reg. 65(5) omitted (31.12.2020) by virtue of The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/530), regs. 1(1), 83(3); 2020 c. 1, Sch. 5 para. 1(1)